[Note: ICANN has posted the
following document for public review and comment. To submit comments,
Zone File Access Agreement
505 Huntmar Park Drive
· Herndon, Virginia, USA 20170
Telephone +1-703-326-2600 ·
The User named in this Agreement hereby contracts with Network Solutions,
Inc. ("Network Solutions") for a non-exclusive, non-transferable,
limited right to access Internet host rz.internic.net, or other servers
designated by Network Solutions from time to time, and to transfer a
copy of the described Data to the Userís Internet Host machine specified
below, under the terms of this Agreement. Upon execution of this Agreement
by Network Solutions, Network Solutions will return a copy of this Agreement
to you for your records with your UserID and Password entered in the
spaces set forth below.
2. USER INFORMATION
(a) User: _______________________________________________________
(b) Contact Person: ______________________________________________
(c) Street Address: _______________________________________________
(d) City, State or Province: _________________________________________
(e) Country and Postal Code: _______________________________________
(f) Telephone Number: ____________________________________________
(including area/country code)
(g) Fax Number: _________________________________________________
(including area/country code)
(h) E-Mail Address: _______________________________________________
(i) Specific Internet host machine which will be used to access Network
Solutionsí server to transfer copies of the Data:
IP Address: _____________________________________________________
(j) Purpose(s) for which the Data will be used: During the term of
this Agreement, you may use the data for any legal purpose, not prohibited
under Section 4 below. You may incorporate some or all of the Data in
your own products or services, and distribute those products or services
for a purpose not prohibited under Section 4 below.
This Agreement is effective for a period of three (3) months from the
date of execution by Network Solutions (the "Initial Term").
Upon conclusion of the Initial Term this Agreement will automatically
renew for successive three month renewal terms (each a "Renewal
Term") until terminated by either party as set forth in Section
12 of this Agreement or one party provides the other party with a written
notice of termination at least seven (7) days prior to the end of the
Initial Term or the then current Renewal Term.
NOTICE TO USER: CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
YOU MAY USE THE USER ID AND ASSOCIATED PASSWORD PROVIDED IN CONJUNCTION
WITH THIS AGREEMENT ONLY TO OBTAIN A COPY OF NETWORK SOLUTIONSí AGGREGATED
.COM, .ORG, AND .NET TOP LEVEL DOMAIN ("TLD") ZONE FILES,
AND ANY ASSOCIATED ENCRYPTED CHECKSUM FILES (COLLECTIVELY THE "DATA"),
VIA THE FILE TRANSFER PROTOCOL ("FTP") PURSUANT TO THESE TERMS.
4. GRANT OF ACCESS
Network Solutions grants to you a non-exclusive, non-transferable,
limited right to access Internet host rz.internic.net, or such other
servers designated by Network Solutions from time to time, and to transfer
a copy of the Data to the Internet host machine identified in Section
2 of this Agreement no more than once per 24 hour period using FTP for
the purposes described in the next following sentence. You agree that
you will use this Data only for lawful purposes but that, under no circumstances
will you use this Data to: (1) allow, enable, or otherwise support the
transmission of unsolicited, commercial e-mail (spam) to entities other
than your own existing customers; (2) enable high volume, automated,
electronic processes that apply to Network Solutions (or its systems)
for large numbers of domain names; or (3) enable high volume, automated,
electronic, repetitive queries against Network Solutionsí Whois database
or Whois databases of third parties. Network Solutions reserves the
right, with the approval of the U.S. Department of Commerce, which shall
not unreasonably be withheld, to specify additional specific categories
of prohibited uses by giving you reasonable written notice at any time
and upon receiving such notice you shall not make such prohibited use
of the Data you obtain under this Agreement. You agree that you will
only copy the Data you obtain under this Agreement into a machine-readable
or printed form as necessary to use it in accordance with this Agreement
in support of your use of the Data. You agree that you will comply with
all applicable laws and regulations governing the use of the Data. You
agree to take all reasonable steps to protect against unauthorized access
to, use and disclosure of the Data you obtain under this Agreement.
Except as provided in Section 2(j) above, you agree not to distribute
the Data you obtained under this Agreement or any copy thereof to any
other party without the express prior written consent of Network Solutions.
You agree to remit in advance to Network Solutions a quarterly fee
of $0 (USD) for the right to access the files during either the Initial
Term or Renewal Term of this Agreement. Network Solutions reserves the
right to adjust this fee on thirty daysí prior notice to reflect a change
in the cost of providing access to the files.
6. PROPRIETARY RIGHTS
You agree that no ownership rights in the Data are transferred to you
under this Agreement. You agree that any copies of the Data that you
make will contain the same notice that appears on and in the Data obtained
under this Agreement.
7. METHOD OF ACCESS
Network Solutions reserves the right, with the approval of the U.S.
Department of Commerce, which shall not unreasonably be withheld, to
change the method of access to the Data at any time. You also agree
that, in the event of significant degradation of system processing or
other emergency, Network Solutions may, in its sole discretion, temporarily
suspend access under this Agreement in order to minimize threats to
the operational stability and security of the Internet and the NSI system.
8. NO WARRANTIES
The Data is being provided "as-is." Network Solutions disclaims
all warranties with respect to the Data, either expressed or implied,
including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement of third party
rights. Some jurisdictions do no allow the exclusion of implied warranties
or the exclusion or limitation of incidental or consequential damages,
so the above limitations or exclusions may not apply to you.
In the event of invalidity of any provision of this Agreement, the
parties agree that such invalidity shall not affect the validity of
the remaining provisions of this Agreement.
10. NO CONSEQUENTIAL DAMAGES
In no event shall Network Solutions be liable to you for any consequential,
special, incidental or indirect damages of any kind arising out of the
use of the Data or the termination of this Agreement, even if Network
Solutions has been advised of the possibility of such damages.
11. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the Commonwealth of Virginia. You agree that any legal action
or other legal proceeding relating to this Agreement or the enforcement
of any provision of this Agreement shall be brought or otherwise commenced
in the state or federal courts located in the eastern district of the
Commonwealth of Virginia. You expressly and irrevocably agree and consent
to the personal jurisdiction and venue of the federal and states courts
located in the eastern district of the Commonwealth of Virginia (and
each appellate court located therein). The United Nations Convention
on Contracts for the International Sale of Goods is specifically disclaimed.
You may terminate this Agreement at any time by erasing the Data you
obtained under this Agreement from your Internet host machine together
with all copies of the Data and providing written notice of your termination
to Network Solutions, Attention: Registry, Customer Affairs, 505 Huntmar
Park Drive, Herndon, Virginia 20170. Network Solutions has the right
to terminate this Agreement immediately if you fail to comply with any
term or condition of this Agreement. You agree upon receiving notice
of such termination of this Agreement by Network Solutions or expiration
of this Agreement to erase the Data you obtained under this Agreement
together with all copies of the Data.
13. ENTIRE AGREEMENT
This is the entire agreement between you and Network Solutions concerning
access and use of the Data, and it supersedes any prior agreements or
understandings, whether written or oral, relating to access and use
of the Data.
Network Solutions, Inc.
ASSIGNED USERID AND PASSWORD
(To be assigned by Network Solutions upon execution of this Agreement):
USERID: ______________________________ PASSWORD: __________________________________
the layout, construction and functionality of this site
should be sent to firstname.lastname@example.org.
©1999 The Internet Corporation for Assigned
Names and Numbers. All rights reserved.